Item - 2023.TE7.14

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current applications regarding the Official Plan Amendment and Zoning By-law Amendment application appeal for the lands at 561 Jarvis Street and 102-120 Earl Place and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has provided confirmation of water, sanitary and stormwater, and traffic capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law Amendment;

c. the owner has secured replacement of the existing rental housing, including the same number of units, bedroom type and size and with similar rents;

d. the owner has secured an acceptable Tenant Relocation and Assistance Plan addressing the right for existing and former tenants to return to a replacement rental unit on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

e. City Council has approved the Rental Housing Demolition Application 22 199096 STE 13 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental dwelling units and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision.

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On August 4, 2022, an Official Plan and Zoning By-law Amendment application was submitted to permit a 58-storey mixed-use building, containing 690 dwelling units, including 659 new units and 31 rental replacement units, and 200 square metres of non-residential gross floor area.

The site currently contains 10, two-storey house-form buildings containing two rental dwelling units and eight owner-occupied units, and a three-storey walk-up apartment building containing 29 rental dwelling units all of which are proposed to be demolished.

On August 4, 2022 the applicant submitted a Rental Housing Conversion and Demolition application to demolish and replace the 31 existing rental dwelling units. The proposed rental replacement and tenant relocation and assistance are being reviewed concurrently by Housing Staff.

On March 22, 2023 revised Official Plan and Zoning By-law Amendment applications were submitted seeking to permit a 58-storey mixed-use building containing 680 dwelling units, including 649 new units and 31 rental replacement units, and 327 square metres of non-residential gross floor area.

On March 31, 2023, the applicant appealed the Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal due to Council not making a decision within the time frame in the Planning Act.

This report recommends that the City Solicitor with the appropriate City staff attend the Ontario Land Tribunal hearing to oppose the Official Plan and Zoning By-law Amendment application in its current form and to continue discussions with the applicant to resolve outstanding issues.